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DUI Arraignment – The Who, What and Why

Written by David O
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DUI Arraignment – The Who, What and Why

The word “arraignment” sounds intimidating and scary. However, after learning about the who, what, and why of a DUI arraignment, a person should have a better understanding of the arraignment process and feel more at ease.

The Who – Who goes to a DUI arraignment?

  • A person who has been charged with DUI, also called a criminal defendant, will be required to attend the arraignment.
  • The arraignment is held in a court of law in front of a judge.
  • It is likely that the city or state prosecutor will also be present.
  • If a private DUI attorney was hired before the arraignment date, the defendant can expect to have their attorney present.  If a private attorney was not hired than a public defender will be present.
  • Other people may also be in the courtroom during the DUI arraignment.

istock photo downloaded for DUI arraignment blogThe What – What is an arraignment?

  • An arraignment is a criminal defendant’s first formal court hearing.
  • The defendant will be formally told of their charges by the judge or prosecutor.
  • The defense attorney and judge will advise the defendant of their legal rights.

The Why – Why is an arraignment important?

  • During the arraignment the judge will ask how the defendant would like to plead to the DUI charge, guilty or not guilty?
  • The defendant will need to plead guilty or not guilty.
  • Next the judge will set conditions of release, which could include; being released on personal recognizance, bail being set, order to install an ignition interlock device, a prohibition against consuming alcohol or drugs (including marijuana), placement of an alcohol detection device on your person, and no driving if the defendant is uninsured or their license is invalid.
  • In most jurisdictions, the defendant can expect to receive a copy of their police report from the prosecutor if a defense attorney is present.
  • And lastly, the defendant can expect to receive their next DUI court date, which is called the pre-trial hearing.

 

The DUI defense attorneys at David O Defense are here to help navigate clients through all steps of the legal process, including the DUI arraignment. If you have been charged with DUI, call our defense lawyers today, 206-459-6392, to schedule a free legal consultation.

 

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Weston Cage Tries to Elude Cops but Fails and Gets a DUI

Written by David O
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Weston Cage Tries to Elude Cops but Fails and Gets a DUI

In an attempt to elude police officers, Weston Cage, son of actor Nicolas Cage, managed to drive himself into a lot of trouble which included; running over mailboxes, plowing down a street sign, side swiping a car, and smashing into a tree. All ironically resulting in a police arrest and being charged with a DUI.

Saturday, Feb. 5th actually started off OK for the 26-year-old actor. Weston was driving a new ride in the San Fernando Valley around noon when he got into a minor fender bender. The driver of the other car and Weston exchanged information and all seemed to be fine.  Until, Weston thought the cops were coming to scene of the accident. That’s when Weston decided to take off! And that’s also when his day started to get a lot worse.

a duiWhile trying to escape the clutches of the ghost cops, Weston only made it a mile away until he lost control of his new car. He swerved onto a residential lawn, ran down a row of mail boxes, continued through the yard, plowed down a street sign, and finally came to a halt by running straight into a tree while sideswiping a car at the same time.  WOW, talk about major amount of destruction in a short amount of lawn.

To make matters worse, Weston’s car no longer looked new… the front end was completely smashed, bummer!

Needless to say, the police were called.  And unfortunately for the star of the movies Lord of War (2005) and Rage (2014), police believed Weston was driving under the influence, aka DUI.  He was arrested and taken to the hospital to check for any bodily injuries before being charged with DUI.

Feb. 5th was not the best day for Weston, but hopefully his days thereafter are much better.  And hopefully Weston hire’s a reputable DUI lawyer to defend his DUI charge!

If you have been charged with a DUI in Washington State and need a great lawyer on your side, give David O Defense a call, 206-459-6392.  Our experienced DUI attorneys are happy to help.

 

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Exercise Your Legal RIGHTS when Stopped for a possible DUI

Written by David O
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Exercise Your Legal RIGHTS when Stopped for a possible DUI

If you’re being stopped for a possible DUI (driving under the influence) it is super important that you exercise your legal rights! When you exercise your legal rights, you help protect yourself. If you don’t exercise your DUI rights, you will likely make your situation worse.

American Flag used in possible DUI blogExercise Your Legal Rights when Stopped for a possible DUI

  1. Exercise your right to an attorney. You have the right to either a private DUI attorney or a public defender. When being questioned by law enforcement, politely request to speak to your DUI attorney. If the officer doesn’t respond, ask again. The officer must give you the opportunity to contact an attorney, it is your legal right.
  2. Exercise your right to remain silent. A person has the right to remain silent both before and after a DUI arrest. It is very important to minimize talking to only requesting to speak with an attorney and that you would like to remain silent for the reminder of the questioning and arrest. If you don’t exercise your right to remain silent you will likely talk yourself into a conviction and into further legal trouble.
  3. Exercise your right to refuse search of any type of personal belongings, home, or vehicle. You have the right to be free from any unreasonable searches. Do not give the police permission to search your vehicle or personal items. The only exception is when the police reasonably believe you may be carrying a dangerous instrument, they can search for their safety.
  4. Refuse to perform the DUI field sobriety tests. These tests are voluntary tests, meaning you make the decision to take the test or not. You will not be in any legal trouble if you refuse to perform the DUI field sobriety tests. They are very difficult tests and designed for you to fail. Do not take the test.
  5. Refuse to take the DUI portable breath test. The DUI portable breath test is also a voluntary test, do not take the test. If you are arrested for DUI, you will be taken to the police station. While at the station be cooperative and take the DUI breath test or blood test, unless advised not to do so by your DUI attorney.

Now that you know some of your legal rights while being investigated for DUI, use them! And remember whenever stopped for a possible DUI ask to speak to your attorney immediately and exercise your right to remain silent!

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